Terms of booking

1 — Seller identification

These general terms and conditions of sale (hereinafter the "Terms") are entered into between, on the one hand:

Natural Surf School SARL, a French limited liability company with a share capital of €7,000, trading under the business names Natural Surf Lodge and Natural Surf School, whose registered office is located at 8 avenue de la Marquèze, 40510 Seignosse, France, registered with the Dax Trade and Companies Register under number 497 521 872, SIRET 497 521 872 00026, EU VAT number FR50497521872, telephone +33 (0)6 74 16 02 28, email info@naturalsurflodge.com (hereinafter "Natural");

and, on the other hand, any natural or legal person wishing to purchase a service offered by Natural, in particular via the websites www.naturalsurflodge.com and www.naturalsurfschool.com (hereinafter the "customer" or the "participant").

Accommodation services are provided under the business name Natural Surf Lodge. Surf tuition is provided under the business name Natural Surf School, a declared sports and physical activities establishment registered under number 04004 ET 0008, whose instruction is delivered by sports instructors holding the required French State qualifications.

2 — Purpose and scope

These Terms define the contractual relationship between Natural and the customer, as well as the conditions applicable to the purchase of any service — bed and breakfast accommodation and furnished holiday rentals, surf camp stays, surf lessons and courses, equipment hire and related services — made through Natural's websites, by telephone, by email or on site.

Any booking implies the customer's prior, express and unreserved acceptance of these Terms, the customer acknowledging having read them before confirming the order. These Terms prevail over any other general or specific conditions not expressly accepted in writing by Natural.

Natural reserves the right to amend its Terms at any time. The applicable conditions are those in force on the date of the customer's booking.

3 — Description of services

The services offered are those described on the websites www.naturalsurflodge.com and www.naturalsurfschool.com, where their essential characteristics are set out. They are offered subject to availability and to accommodation and supervision capacity. Photographs and illustrations on the websites are not contractually binding.

The equipment required to practise surfing (board, wetsuit) is provided to participants during lesson hours. Lessons comply with the quality charter of the École Française de Surf label awarded by the French Surfing Federation (Fédération Française de Surf). (https://www.surfingfrance.com/les-surf-clubs/carte-des-ecoles/natural-surf-lodge.html)

4 — Prices

Prices displayed on the websites are expressed in euros, inclusive of all taxes (French VAT applicable on the date of the order). Natural reserves the right to amend its prices at any time; however, the price displayed on the website on the date of booking is the only price applicable to the customer.

The tourist tax (taxe de séjour), collected on behalf of the local authority, is included in the price of all surf camp packages. For other accommodation services, it is included in the invoice. Natural remits it to the local authority at the intervals in force.

5 — Booking

A booking becomes firm and definitive once (i) these Terms have been accepted, (ii) the deposit provided for in article 6 has been paid, and (iii) Natural has sent written confirmation by email. This confirmation summarises the services booked, the dates and the price, and includes these Terms or a link enabling the customer to retain them on a durable medium.

The data recorded by Natural and the booking confirmation shall constitute evidence of the transaction, in accordance with articles 1366 and 1367 of the French Civil Code.

6 — Payment terms

A deposit of between 25% and 100% of the total amount is required to confirm any booking, depending on the services requested (surf camp or surf lessons). The balance is payable no later than the first day of the service, unless otherwise stated at the time of booking. Should the balance not be paid when due, Natural may treat the booking as cancelled by the customer and apply the conditions set out in article 8.

Sums paid in advance constitute a deposit (acompte) within the meaning of article L214-1 of the French Consumer Code, and not earnest money (arrhes): the booking definitively binds both parties, subject to the cancellation conditions set out in articles 8 to 10.

Payment may be made, at the customer's choice:

– by bank card, online on the website (secure payment); – by bank transfer; – by cheque made payable to Natural Surf School SARL or Natural Surf Lodge, depending on the establishment attended; – by French holiday vouchers (chèques-vacances ANCV), up to €100 for Natural Surf School and €150 for Natural Surf Lodge, no cash refund being given; – in cash, within the limits set by article L112-6 of the French Monetary and Financial Code.

An invoice or receipt is issued to the customer for any service of €25 or more including tax, and on written request below that amount. Bookings and invoices are archived on a reliable and durable medium, in accordance with applicable legal provisions, in particular article 286 of the French General Tax Code.

7 — No right of withdrawal

In accordance with article L221-28, 12° of the French Consumer Code, the fourteen-day right of withdrawal provided for in article L221-18 of the same code does not apply to accommodation, catering or leisure activity services to be provided on a specified date or during a specified period.

Consequently, surf camp stays, surf lessons and courses, and equipment hire booked for a specified date or period do not benefit from any right of withdrawal. The customer is expressly informed of this before the contract is concluded and accepts it. The applicable cancellation conditions are those set out in articles 8 to 10 below.

8 — Cancellation and amendment of surf camp stays

8.1 Cancellation by the customer

Any cancellation or amendment request must be notified to Natural in writing (by email or post). The date of receipt of the notification shall prevail. Save in the exceptional circumstances referred to in article 8.3, the following cancellation charges apply:

– cancellation more than 45 days before the start date of the stay: full refund of the deposit paid; – cancellation between 45 and 20 days before the start date of the stay: the deposit of 25%, or the full amount depending on the service, is retained by Natural; – cancellation 20 days or less before the start date of the stay: the full price of the stay is due; however, in the event of a medical issue supported by a medical certificate, only 50% of the price remains payable; – failure to attend, withdrawal from the stay or early departure: the full price of the stay is due.

In all cases, if the place released is reallocated to another customer, Natural shall refund the corresponding sums to the customer.

A stay that has begun and is then interrupted by the participant gives rise to no refund, except in the event of a medical issue supported by a medical certificate or if the place has been reallocated to another participant.

Customers are advised to check, before booking, whether they hold cancellation insurance (bank card, home insurance policy, travel insurance) and, failing that, to take out cover for such costs.

8.2 Cancellation or amendment by Natural

Should external events beyond its control require it, Natural may substantially amend or cancel a stay. The customer will be informed as soon as possible and no later than 15 days before the start date of the stay. The customer may then choose either to accept the proposed amendment or to obtain a full refund of the sums paid, free of charge. No cancellation penalty shall be applied.

8.3 Exceptional and unavoidable circumstances

In the event of exceptional and unavoidable circumstances occurring at the place of performance of the services or in its immediate vicinity, and having significant consequences for the performance of the stay, the customer may cancel free of charge before the start of the stay and obtain a full refund of the payments made, without however being entitled to any additional compensation.

9 — Specific conditions for surf lessons and courses

9.1 Fitness and health

The participant declares being in good health, able to swim at least 25 metres and fit to practise surfing. The participant declares having no contraindication, medical or otherwise, to the activity booked, and undertakes to report at the time of registration any health issue, however minor. Natural may not be held liable for the consequences resulting from the failure to declare a contraindication.

By booking a service, adult surfers, as well as underage surfers and their legal representatives, declare being aware of the risks inherent in the practice of surfing under normal conditions and undertake to comply with the internal rules and with the safety instructions given by the supervisory team.

9.2 Minors

For minors, a parental authorisation form must be completed before the first lesson, either online or on site. Parents or legal representatives acknowledge and accept that children and teenagers are supervised by qualified instructors, under the latter's responsibility, for the duration of the surf lesson or lessons only.

Outside lesson times, children and teenagers may use the meeting point at the Natural Surf School beach hut (changing area, parasols, information, games, picnic area, etc.) but remain under the exclusive responsibility of their parents or legal representatives. For teenage half-day or full-day courses, legal representatives shall sign the corresponding reception conditions form.

9.3 Cancellation due to unfavourable conditions

In the event of unfavourable conditions making lessons impossible or dangerous (no waves, sea too rough, pollution, etc.), the participant is informed as soon as possible by telephone or text message. The participant then receives, at their choice, a credit note for the amount paid, usable for a future booking, or a refund of the services not provided if these could not be rescheduled during their stay. No additional compensation is due.

Lessons not attended due to the customer are not refunded. A course that has begun and is then interrupted by the participant is not refunded, except in the event of a medical issue supported by a medical certificate or if the place has been reallocated to another participant.

10 — Specific conditions for equipment hire

10.1 Liability and use

Hired equipment is placed under the customer's full responsibility from the moment of collection until its return. The customer shall safeguard the equipment and use it reasonably and with care, in accordance with its intended purpose and with applicable regulations. The customer may be held liable for personal injury or property damage caused in connection with the use of the hired equipment in the customer's custody (articles 1241 and 1242 of the French Civil Code).

The equipment is intended for the customer's sole use, to the exclusion of any sub-letting or lending, even free of charge. The customer declares being fit to use the hired equipment and acknowledges that surfing is a high-risk sport, practised in a natural ocean environment, requiring the ability to swim. The customer acknowledges hiring the equipment in full awareness of these risks.

The customer undertakes to comply with beach regulations, and in particular the prohibition on surfing or bodyboarding with fins within designated swimming areas.

10.2 Condition of the equipment and return

The equipment is acknowledged to be received in good condition and must be returned in the condition in which it was supplied: wetsuit rinsed, board free of sand, leash detached.

Normal wear and tear resulting from proper use remains the responsibility of Natural. Conversely, damage resulting from improper use, negligence or lack of care on the part of the customer shall give rise, in addition to the hire charge, to payment of the costs of repair or replacement, on production of supporting documents and within the limit of the value of the equipment taking its age into account.

The hire charge is not refunded where the equipment is returned early. Any overrun of the agreed period is charged as a full period (hour, half-day, day).

10.3 Cancellation of a hire

In accordance with article 7, equipment hired for a specified date or period does not benefit from the statutory right of withdrawal. However, as a commercial gesture, Natural grants the customer the option to cancel free of charge within 7 days of the booking confirmation, and in any event before collection of the equipment. After that period, sums paid are retained; a credit note towards a future hire may nevertheless be issued.

After collection of the equipment, in the event of illness or accident occurring during the hire period and supported by a medical certificate, only the equipment hired by the person concerned may be returned; the hire is then charged pro rata to the number of days actually elapsed.

11 — Insurance

Natural has taken out professional public liability insurance covering the risks associated with its activity with GAN Assurances, policy no. A04049081439030.

In accordance with article L321-4 of the French Sports Code, Natural informs participants of the value of taking out personal insurance covering the bodily injury to which the practice of surfing may expose them. It is for any customer who considers the existing cover insufficient to take out any additional cover of their choosing (personal accident insurance, cancellation insurance, etc.).

12 — Quality, safety and transport commitments

Natural has held the Destination d'Excellence label since 2013 (formerly Qualité Tourisme), the French State quality mark for tourism hospitality awarded by Atout France. Accordingly, Natural undertakes to provide services meeting customers' needs and the national standard in terms of quality of welcome, tuition, supervision and safety. Natural Surf School holds the École Française de Surf label awarded by the French Surfing Federation.

Where transport of participants is provided as part of the services, Natural undertakes to carry it out in compliance with applicable regulations: drivers holding the required licence, insured vehicle in clean and sound mechanical condition, and compliance with the maximum number of passengers.

13 — Complaints and consumer mediation

Any complaint must be sent in writing to Natural's customer service: info@naturalsurflodge.com, or by post to Natural Surf School SARL, 8 avenue de la Marquèze, 40510 Seignosse, France. Natural endeavours to respond as promptly as possible.

In accordance with articles L612-1 et seq. of the French Consumer Code, every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of a dispute with a trader. Failing an amicable solution within two months of sending a written complaint, and within a maximum of one year from that complaint, the customer may refer the matter free of charge to the mediator designated by Natural:

CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice 49 rue de Ponthieu, 75008 Paris, France Online referral: www.cm2c.net/declarer-un-litige.php Website: www.cm2c.net

CM2C is listed by the French Commission for the Evaluation and Control of Consumer Mediation (CECMC). The list of registered mediators may be consulted at www.economie.gouv.fr/mediation-conso.

Recourse to mediation requires that the customer has first attempted to resolve the dispute directly with Natural by means of a written complaint, and that the dispute has not already been examined by another mediator or brought before a court.

14 — Personal data protection

Natural Surf School SARL, as data controller, collects and processes customers' personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act.

The data collected (identity, contact details, information necessary for booking and registration) is processed for the following purposes: management of bookings and of the customer relationship (performance of the contract), invoicing and accounting and tax obligations (legal obligation), communication of practical information relating to the stay (performance of the contract) and, subject to the customer's consent, sending commercial information from Natural.

Health information voluntarily provided by the customer where strictly necessary for the safety of the activity is processed on the basis of their express consent, retained solely for the duration of the stay and accessible only to the members of the supervisory team concerned.

The data is intended exclusively for Natural's authorised staff and its technical service providers acting on its behalf (website hosting, booking and payment solution). It is neither sold nor transferred to third parties for commercial purposes. It is retained for the duration of the commercial relationship, extended by the applicable statutory limitation periods and accounting retention periods; data used for marketing purposes is retained for three years from the customer's last contact.

In accordance with the regulations, the customer has the right of access, rectification, erasure, restriction, objection and portability of their data, as well as the right to give directions as to its fate after their death. These rights may be exercised by email to info@naturalsurflodge.com or by post to the registered office, accompanied by proof of identity in the event of reasonable doubt. The customer also has the right to lodge a complaint with the CNIL (www.cnil.fr).

15 — Image rights

Photographs and videos may be taken during stays and lessons. Their use by Natural for communication purposes (websites, social media, promotional materials) is subject to the customer's consent. This consent is obtained at the time of online booking, by means of a dedicated option separate from acceptance of these Terms: the customer freely accepts or declines, without their choice having any consequence whatsoever on the booking or on the provision of the services.

As regards minors, the use of their image is subject to the agreement of the holders of parental authority. In its communications, Natural takes care not to publish images enabling a minor to be clearly identified without having obtained such agreement.

Consent may be withdrawn at any time, free of charge and without justification, by simple written request addressed to Natural, which will then remove the images concerned from its media within a reasonable period. No financial consideration is due in respect of authorised uses.

16 — Intellectual property

All elements of Natural's websites and social media (text, photographs, videos, logos, trade marks, graphic identity) are and remain the exclusive intellectual property of Natural Surf School SARL or of its partners. Any reproduction, representation, modification or exploitation, in whole or in part, of these elements for purposes other than private consultation is prohibited without Natural's prior written authorisation.

17 — Online sales and liability

As regards the operation of the online sales process, Natural is bound by an obligation of means. Its liability cannot be engaged for damage resulting from the use of the internet beyond its control, such as loss of data, intrusion, viruses or service interruption, without prejudice to mandatory statutory provisions protecting consumers.

The customer benefits in all cases from the statutory guarantees provided by law, in particular by the French Consumer Code and the French Civil Code, from which these Terms may not derogate in a manner unfavourable to the customer.

18 — Governing law and disputes

These Terms are governed by French law. In the event of a dispute, the customer is invited to seek an amicable solution with Natural and then, where applicable, with the consumer mediator designated in article 13.

Failing amicable resolution, the dispute shall be brought before the competent French courts in accordance with the ordinary rules of jurisdiction. In accordance with article R631-3 of the French Consumer Code, the consumer may choose to bring proceedings before any court having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.

19 — Miscellaneous

Should any clause of these Terms be declared void or unenforceable, the remaining clauses shall retain their full validity. The fact that Natural does not rely at any given time on a clause of these Terms shall not constitute a waiver of its right to rely on it subsequently.

These Terms are a translation provided for information purposes. In the event of any discrepancy between the English and French versions, the French version shall prevail.